Five federal judges issue injunction

BIRMINGHAM POST-HERALD — Wednetday, September 25, 1963
rjers . . - becoming a higher law
than the Constitution."
He said the Governor "has indicated that he will not obey
until ordered to obey."
"What Gov. WaUace was doing
was using state power to paralize
the supreme law of this country,"
jTBoerar
Judges Issue
Injunction
Both Governor And
Attorney Notified
After Long Hearing
MONTGOMERY, Sept. 24
1 — Gov. George Wallace
was ordered tonight to stop
interfering with court-ordered desegregation of pub-
frfe schools in Mobile, Bir-
ningham and Tuskegee.
Five federal judges issued a
reliminary injunction against the
overnor and other state officials,
was accepted for the governor
y his attorney. John Kohn.
The order said in part: "Unless
istrained by order of this court
the defendant will continue to prevent the attendance of Negro children in public schools in the cities
of Tuskegee, Mobile and Birmingham ... and will frustrate implementation of the lawful orders
: the courts of the United
Acted Swiftly
The judges acted swiftly after a
leqgthy hearing today and signed
the order at 5 p.m. It was presented to Kohn late tonight.
The order lists 13 specific acts
from which Wallace is enjoined,
including giving any support to his
executive orders which had ordered the schools temporarily
The governor had sent state
troopers into the cities where desegregation had been ordered to
enforce the orders and keep pupils
out of the schools.
Wallace, Public
| Safety Director Al Lingo and oth-
from failing to maintain law
ind order in such a manner that
interfere with the schools
remaining open.
Also Prohibits:
The injunction also prohibits:
Physically preventing students
|or teachers from entering desegregated schools in the three cities.
Harassing or punishing students
• teachers who attend desegregated schools.
Interfering with the Macon
County School Board.
,-enting any persons from
ng out the orders of the
United States Courts.
Dept. Atty. John Doar
said that Wallace would not cW,
ply with desegregation orders
unless forced to do so. John Kohn,
ittorney for the Governor, said no
njunction was necessary.
Had Signed Order
The five judges had signed the
restraining order Sept. 9 which
lordered Wallace to stop interfering with school desegregation
in Tuskegee, Mobile and Birming-
Doar warned that failing to issue the injunction would mean
that "Gov. Wallace's executive or-
ne said.
Kohn argued that the government had failed to
tinue." Therefore, h
that
Kohn a
of the 14th Amendment, whi
said was "conceived in hate,
in the aftermath of
ried through at the point .
! bayonet."
•ther warned of the
ity oi
rtcrt
with a
- ol st
tl Lingo
flier, a school official testi-
and uncertainty" in Birming-
prior to public school deseg-
o other school officials told!
ima's five Federal judges j
there was also co
[Tuskegee and Mobile
lan in Birmingham.
Public Safety Director
and other aides to Wall
included in the order.
Lingo, the only person to testify
for the defense, told the judges hel
Bd integration
1 to law and order" and saidl
ate was not interfering with!
integration.
"ace first sent state troopers!
jinto the three Alabama cities to
"M-ce executive orders delaying!
opening of schools and later to
Iblock the admission of Negroes
reuse situation existed before the'
schools opened and agreed
Defense Atty. John Kohn'*
superintendent replied.
story proven you correct.' C. A. Pruitt, superintendent of
Four Negro girls were killed in Tuskegee schools, told the court
church bombing and two other there was "considerable concern"
""'"— M°* ta separate incidents but "no unusual tension" before
J Negro students were admitted
Raymond Bruce Taylor, prin
cipal of Mobile's Murphy Higt
uun, as iu Birmingham, has not
history proved you correct?"
ie aftermath.
; no further effort
^^Jep the schools segre- cjpal ot nn^^^^H
gated after they were initially de- School, said there was
Isegregated Sept. 10. lence" at Murphy, although he]
| Birmingham School Supt. Theo saiQ a few persons did congregate!
Wright told the judges there was near the school when it was in-
great c. -eerated.
n and uncertainty" in Binning- Kohn objected to a suggestion
ham when three schools were in- by U. S. Dist. Judge Frank M.
tegrated. They atl .on Jr. that the hearing be.
uation to the court-ordered ue- combined with another one for a
segregation. .permanent injunction. Thus, the]
Talk Recalled question of issuing a preliminary.
^^^^^^Jbdked with Wal-
lace several weeks before scboo
opened and testified that Wallace
questioned him on the chances oi
violence and expressed - J"-:-
j injunction r .
Other district judges hearing the]
| arguments were Seybourn Lynne,
'- e AUgood and H. Hi' '
of Birmingham and D
1h. Thomas of Mobile.

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BIRMINGHAM POST-HERALD — Wednetday, September 25, 1963
rjers . . - becoming a higher law
than the Constitution."
He said the Governor "has indicated that he will not obey
until ordered to obey."
"What Gov. WaUace was doing
was using state power to paralize
the supreme law of this country,"
jTBoerar
Judges Issue
Injunction
Both Governor And
Attorney Notified
After Long Hearing
MONTGOMERY, Sept. 24
1 — Gov. George Wallace
was ordered tonight to stop
interfering with court-ordered desegregation of pub-
frfe schools in Mobile, Bir-
ningham and Tuskegee.
Five federal judges issued a
reliminary injunction against the
overnor and other state officials,
was accepted for the governor
y his attorney. John Kohn.
The order said in part: "Unless
istrained by order of this court
the defendant will continue to prevent the attendance of Negro children in public schools in the cities
of Tuskegee, Mobile and Birmingham ... and will frustrate implementation of the lawful orders
: the courts of the United
Acted Swiftly
The judges acted swiftly after a
leqgthy hearing today and signed
the order at 5 p.m. It was presented to Kohn late tonight.
The order lists 13 specific acts
from which Wallace is enjoined,
including giving any support to his
executive orders which had ordered the schools temporarily
The governor had sent state
troopers into the cities where desegregation had been ordered to
enforce the orders and keep pupils
out of the schools.
Wallace, Public
| Safety Director Al Lingo and oth-
from failing to maintain law
ind order in such a manner that
interfere with the schools
remaining open.
Also Prohibits:
The injunction also prohibits:
Physically preventing students
|or teachers from entering desegregated schools in the three cities.
Harassing or punishing students
• teachers who attend desegregated schools.
Interfering with the Macon
County School Board.
,-enting any persons from
ng out the orders of the
United States Courts.
Dept. Atty. John Doar
said that Wallace would not cW,
ply with desegregation orders
unless forced to do so. John Kohn,
ittorney for the Governor, said no
njunction was necessary.
Had Signed Order
The five judges had signed the
restraining order Sept. 9 which
lordered Wallace to stop interfering with school desegregation
in Tuskegee, Mobile and Birming-
Doar warned that failing to issue the injunction would mean
that "Gov. Wallace's executive or-
ne said.
Kohn argued that the government had failed to
tinue." Therefore, h
that
Kohn a
of the 14th Amendment, whi
said was "conceived in hate,
in the aftermath of
ried through at the point .
! bayonet."
•ther warned of the
ity oi
rtcrt
with a
- ol st
tl Lingo
flier, a school official testi-
and uncertainty" in Birming-
prior to public school deseg-
o other school officials told!
ima's five Federal judges j
there was also co
[Tuskegee and Mobile
lan in Birmingham.
Public Safety Director
and other aides to Wall
included in the order.
Lingo, the only person to testify
for the defense, told the judges hel
Bd integration
1 to law and order" and saidl
ate was not interfering with!
integration.
"ace first sent state troopers!
jinto the three Alabama cities to
"M-ce executive orders delaying!
opening of schools and later to
Iblock the admission of Negroes
reuse situation existed before the'
schools opened and agreed
Defense Atty. John Kohn'*
superintendent replied.
story proven you correct.' C. A. Pruitt, superintendent of
Four Negro girls were killed in Tuskegee schools, told the court
church bombing and two other there was "considerable concern"
""'"— M°* ta separate incidents but "no unusual tension" before
J Negro students were admitted
Raymond Bruce Taylor, prin
cipal of Mobile's Murphy Higt
uun, as iu Birmingham, has not
history proved you correct?"
ie aftermath.
; no further effort
^^Jep the schools segre- cjpal ot nn^^^^H
gated after they were initially de- School, said there was
Isegregated Sept. 10. lence" at Murphy, although he]
| Birmingham School Supt. Theo saiQ a few persons did congregate!
Wright told the judges there was near the school when it was in-
great c. -eerated.
n and uncertainty" in Binning- Kohn objected to a suggestion
ham when three schools were in- by U. S. Dist. Judge Frank M.
tegrated. They atl .on Jr. that the hearing be.
uation to the court-ordered ue- combined with another one for a
segregation. .permanent injunction. Thus, the]
Talk Recalled question of issuing a preliminary.
^^^^^^Jbdked with Wal-
lace several weeks before scboo
opened and testified that Wallace
questioned him on the chances oi
violence and expressed - J"-:-
j injunction r .
Other district judges hearing the]
| arguments were Seybourn Lynne,
'- e AUgood and H. Hi' '
of Birmingham and D
1h. Thomas of Mobile.